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Ari Goldberger gets another UDRP win for Kevin Ham

August 2, 2012ari goldberger, Domaining, Domainnamewire, esqwire, kevin ham, Policy & Law, udrp, vertical axisComments Off on Ari Goldberger gets another UDRP win for Kevin Ham

Vertical Axis can keep Detur.com domain name.

Kevin Ham’s Vertical Axis has won a UDRP over the domain name Detur.com with the help of domain name attorney Ari Goldberger of ESQwire.com.

The complaint was brought by Detur International B.V., a tourism company that started in Turkey. Among Detur’s complaints: that the domain name linked to travel sites and that it forwarded to snog.com, which it characterized as a site with “sexy photos”.

Vertical Axis claimed the domain name was merely a typo of the common English word “detour”.

The majority of the panel found that there wasn’t proof that the domain name was registered and used in bad faith.

However, panelist Ugur G. Yalçiner disagreed. One of the particularly head-scratching determinations by Yalçiner is that the word “detour” isn’t a generic or descriptive word.

Here’s what he had to say:

Respondent has stated in its response that it has registered and owns hundreds of domain names which solely incorporate typographical variations of English dictionary words, such as: aircondioners.com; airelines.com; alibama.com; … coupoons.com; creidtcards.com … etc.”. Those are really generic or descriptive words. But in the present case the situation is different. “Detur” is not generic or descriptive word.

Uh, yeah, detur is not generic or descriptive. But the word it’s a typo of — detour — is. That’s the point.

The panel ruled 2-1 in Vertical Axis’ favor.


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Bible Group Sins with UDRP, Loses Case for BSF.org

December 3, 2010Domaining, Domainnamewire, kevin ham, Policy & Law, udrpComments Off on Bible Group Sins with UDRP, Loses Case for BSF.org

Time to go ask for forgiveness.

A non-profit called Bible Study Fellowship based in San Antonio has lost a UDRP to get the domain name BSF.org. Maybe it didn’t pray hard enough, but now it will probably need to ask for forgiveness for some sins, too.

In this case the panel declined to find reverse domain name hijacking, but also wrote:

In the case at hand, the Panel finds that Complainant’s allegations have not been substantiated by relevant evidence and also the rationale in the Complaint has been developed with tenuous logic and supported by very little citation. Also, the lack of explanation on the generation of the web page displaying Bible links is not suggestive of a good faith behavior of Complainant.

So what was Bible Study Fellowship’s chief sin? It went to the parked page at BSF.org and proceeded to type in search terms related to bible study. It then captured screenshots and said the parked page was showing ads related to its supposed mark. It didn’t mention to the panel how it manufactured the bible related screenshots. Seems like a shady trick that the big guy upstairs wouldn’t approve of.

Ironically, the domain name is owned by Kevin Ham’s company. Ham is a devout Christian. Surely a nicer approach could have worked.

Jackson Walker, LLP respresented the complainant. Ari Goldberger represented Vertical Axis.


© DomainNameWire.com 2010.

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Kevin Ham Wins Reverse Domain Name Hijacking Charge

February 16, 2010Domaining, Domainnamewire, kevin ham, Policy & Law, reverse domain name hijacking, udrp, vertical axisComments Off on Kevin Ham Wins Reverse Domain Name Hijacking Charge

Famous domain investor wins UDRP and RDNH charge.

Kevin Ham’s company Vertical Axis has won a charge for Reverse Domain Name Hijacking (RDNH) against The Realty Alliance, Inc.

The Realty Alliance, Inc. filed a UDRP case against Vertical Axis for the domain name RealtyAlliance.com. In its case, Reality Alliance claimed it had trademark rights in “Realty Alliance” because it was incorporated in Delaware in 1997 and registered with Texas Secretary of State in 2006.

The arbitration panel found that The Realty Alliance did not have any common law trademark rights in the name:

As stated by the Respondent, the only evidence relied upon by the Complainant in support of its assertion that it has “employed the Mark continuously and conspicuously throughout the country and internationally since 1997” is a 1997 news article announcing the formation of an alliance of real estate brokers under that name.

Indeed, the complainant’s failure to even set forth basic evidence of a common law trademark resulted in a finding of RDNH by the panel:

From the failure of the Complainant to put forward any evidence that the alleged mark has been used by the Complainant in such a way as to become distinctive of its services the Panel infers that the Complainant was aware, when it filed the Complaint, that there is no such evidence. It follows that this Complaint was brought in bad faith in an attempt to harass the Respondent and that; accordingly, the Complainant has attempted to engage in Reverse Domain Name Hijacking.

Vertical Axis was represented by Ari Goldberger, of Esqwire.com Law Firm. The panelists on the case were The Hon. Neil Brown QC, Judge James A. Carmody and Alan L. Limbury Esq.


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2009 Domain Dunce Award: .CM Launch

December 30, 2009.cm, cocca, Domaining, Domainnamewire, kevin ham, UncategorizedComments Off on 2009 Domain Dunce Award: .CM Launch

A controversial “relaunch” goes awry.

.CM, the country code top level domain name for The Republic of Cameroon, has a storied history amongst domainers. Kevin Ham struck a deal to wildcard the domain name, sending lots of typo traffic of .com domain names his way. Ham, including his deal with Cameroon, was the subject of a cover story in the late Business 2.0 magazine.

This year Cameroon decided to open up .cm and offer it to individual registrants, and opted to auction off the best names, such as Sex.cm. What followed was an unqualified disaster.

First, it took longer than expected to get the registry set up due to a host of technical problems. As the go-live date neared, Council of Country Code Administrators Incorporated (CoCCA), which was to run the registry for .cm, continued to be concerned with .cm’s DNS. The DNS was to be run by Cameroon’s telecom company rather than an established player. Without CoCCA’s blessing to go live, Cameroon decided to run its own copy of the registry software.

Then the auctions occurred on NameJet. It looked like a big success as Sex.cm auctioned for $51,300 and Free.cm for $17,800. But then the bottom fell out. Bidders got cold feet as they lost confidence in .cm typo traffic as well as the registry as a whole. They backed out of their bids. Sex.cm ended up trading hands for only $21,700 (see comments, it actually sold for less) and Free.cm went for a dismal $310. Ouch.

With the delays and auction behind it, how’s .cm looking? I’m not confident. Your confidence erodes when a registry neglects to backup important billing files.


© DomainNameWire.com 2009.

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